Code of Civil Procedure Article 478

In case of any of the following, the court of third instance shall enter judgment on the action on its own after reversing the original judgment:1. Where the original judgment is reversed by reason of a failure to apply the applicable laws or an erroneous application of such laws to the facts already found or the facts which may be taken into consideration by operation of law, and the action may be decided based on such facts;2. Where the original judgment has mistakenly rendered a decision on the merits on an action or appeal which is not filed in conformity with the law;3. Where the court of third instance may find the facts regarding the matters which the court should investigate on its own initiative and, based on such facts, a decision may be made;4. Where the original judgment fails to be based on the party's abandon-ment or admission of claims;5. Where it is unnecessary to remand or transfer the case for further arguments. Except in the situations provided in the preceding paragraph, where necessary, the court of third instance may remand the case to the original court or transfer it to another court of the same level of instance.Where the case is remanded or transferred by a judgment as provided in the preceding paragraph, detailed instructions shall be given with respect to the matters to be investigated.The court to which the case is remanded or transferred shall enter a judgment based on the legal conclusions made by the court of third instance as the reason for reversing the original judgment.